Common use of Work Takeover Clause in Contracts

Work Takeover. In the event EPA determines that P4 has ceased implementation of any portion of the Work, is seriously or repeatedly deficient or late in its performance of the Work, or is implementing the Work in a manner which may cause an endangerment to human health or the environment, EPA may assume the performance of all or of any portion of the Work as EPA determines necessary. P4 may invoke the dispute resolution procedures set forth in Section XXI of this Settlement Agreement to dispute EPA’s determination that takeover of the Work is warranted. Costs incurred by EPA in performing the Work pursuant to this Paragraph shall be considered Future Response Costs that P4 shall pay pursuant to Section XXIII (“Reimbursement of Federal Agency Response Costs”), subject to the dispute resolution procedures set forth in Section XXI of this Settlement Agreement. Except as provided in Section XXIX (“P4 Covenant Not to Sue”), P4 reserves all rights, claims, and defenses it may have, including the right to bring an action against the United States (except EPA), the State of Idaho, and/or their agencies and departments under CERCLA for recovery of any response costs incurred under CERCLA in connection with EPA’s Work takeover of the Sites. Notwithstanding any other provision of this Settlement Agreement, EPA retains all authority and reserves all rights to take any and all response actions authorized by law.